Junior Member
Summary Judgement
My workers compensation claim was made in the State of: New York
Not sure how long summary judgement is taking for others but mine is in its 14 month in NYC. Not sure if ppl have any insight. Attorneys are confused since there ain’t as many tiles but yet summary judgements are taking longer than usual
Senior Member
Re: Summary Judgement
If you're 14 months into a summary judgement something's wrong.
Summary Judgements are granted when opposing parties agree on the facts.
Who made the motion for a Summary Judgment?
Are there disputed facts, did the opposing party ask for a continuance to permit additional discovery?
Have you had a hearing yet?
Summary Judgment: Making the Motion (NY)
https://www.lexisnexis.com/authorcen...-the-motion-ny
Tony
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.
Senior Member
Re: Summary Judgement
You have a "summary judgment" in a workers' comp proceeding? That is odd. Workers' comp is ordinarily an administrative law proceeding.
The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).
Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law
Senior Member
Re: Summary Judgement
I think the poster is referring to a tort action after the worker comp claim was denied.
New York: WCLJ’s Factual Finding is Binding in Subsequent Third-Party Tort Action
A decision by a New York trial court granting defendants’ motion for summary judgment in a tort action filed against them was affirmed by a state appellate court where the essential issues related to potential liability had already been determined in a prior workers’ compensation proceeding.
https://www.lexisnexis.com/legalnews...ty-tort-action
Tony
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.
Senior Member
Re: Summary Judgement
That would make sense.
The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).
Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law
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